betrayal of trust

More On The Unethical Sally Yates: Her Conflict Of Interest Deception

/ Jack Marshall / 22 Comments
...and you shouldn't have accepted the job, either.

…and you shouldn’t have accepted the job, either.

Here is another ethics aspect of the disgraceful Sally Yates episode that the complicit news media isn’t covering: it was unethical for her to accept the job of acting Attorney General in the first place.

She had an apparent conflict of interest when she was offered the job. This is indisputable; it’s just being ignored by fawning partisans. Here is the applicable ethics rule of Yates’ bar and jurisdiction:

Rule 1.7–Conflict of Interest: General Rule

(a) A lawyer shall not advance two or more adverse positions in the same matter.

(b) Except as permitted by paragraph (c) below, a lawyer shall not represent a client with respect to a matter if:

(1) That matter involves a specific party or parties and a position to be taken by that client in that matter is adverse to a position taken or to be taken by another client in the same matter even though that client is unrepresented or represented by a different lawyer;

(2) Such representation will be or is likely to be adversely affected by representation of another client;

(3) Representation of another client will be or is likely to be adversely affected by such representation;

(4) The lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, business, property, or personal interests.

(c) A lawyer may represent a client with respect to a matter in the circumstances described in paragraph (b) above if

(1) Each potentially affected client provides informed consent to such representation after full disclosure of the existence and nature of the possible conflict and the possible adverse consequences of such representation; and

(2) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client.

(d) If a conflict not reasonably foreseeable at the outset of representation arises under paragraph (b)(1) after the representation commences, and is not waived under paragraph (c), a lawyer need not withdraw from any representation unless the conflict also arises under paragraphs (b)(2), (b)(3), or (b)(4). Continue reading →

Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

/ Jack Marshall / 47 Comments

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

Yecchh! The Daily Caller And Its Commenters Cheer On Sexual Predator Teachers

/ Jack Marshall / 49 Comments
I'm really sorry you didn't get any in high school, Tucker (maybe it was the bow tie), but it's no excuse.

I’m really sorry you didn’t get any in high school, Tucker (maybe it was the bow tie), but it’s still no excuse.

I’ve called out the Tucker Carlson’s conservative news and commentary website The Daily Caller for this before. Apparently this is Carlson’s sick and unethical obsession: I guess he can’t stop his sophomoric fantasies and pain arising out of being a high school nerd gazing hopelessly at cheerleaders and the occasional attractive teacher from infecting his judgment and ethical values. Thus he—and his “education editor,” Eric Owens—think rape is ethically acceptable if the rapist is hot enough.

Once again, the site reports on an example of high school teachers exploiting their male students for their own sexual satisfaction with a slimy wink-wink-snort coded piece making it clear that the Daily Caller regards the episode is one big joke. This time the tongue in cheek headline, accompanied by the photographs of the two women involved, conveys Tucker’s attitude:

Male Teen’s Parents Sue Over Son’s 9-HOUR THREESOME SEX TRAUMA With English Teachers

Rapist teachers

Hahahahahahaha! That’s some trauma! Hey guys, you would have all been traumatized by an epic sex session with these two babes, right? Poor kid! Continue reading →

Ethics Dunce: Miami Marlins Manager Don Mattingly

/ Jack Marshall / 13 Comments

stabbed-in-the-back

When new Miami Marlins manager Don Mattingly chose Barry Bonds as his batting coach, it was considered a bold move. Bonds, after all, is simultaneously baseball’s all-time home run champion, holding both the single season and career records, and its biggest cheat, having achieved both records while being secretly, illegally and unethically assisted by steroids. In addition to knowing how to cheat, Bonds undeniably knows how to hit (he was a great hitter before he decided to mutate himself), so this was a chance at redemption for Barry, as well as an opportunity to soften some of the sports media antipathy toward his conduct and character which has so far kept him out of the MLB Hall of Fame.

Asked this week how Barry Bonds was doing as batting coach, Mattingly replied,

“Him getting used to the coaching part of it is a work in progress from a standpoint of the amount of time and the preparation. You see [assistant hitting coach Frankie Menichino] still doing a lot of the prep work. Barry is still getting into the routine of the ugly side of coaching — being here at 1, and studying video, and studying on the plane and you don’t get a chance to watch movies, and things like that. It just depends how good you want to be as a coach. If you want to be a really good coach, you’ve got to do the work.”

Translation: “So far, Barry’s been lazy and isn’t doing his job. His assistant is doing it for him. The job requires a lot of hard, tedious work, and Barry hasn’t shown that he’s willing to do it. At this point, he not a good coach.”

Ethics foul. Mattingly was a fool to hire Bonds, and MLB is wrong to let this sport-wide ethics corrupter set foot in a clubhouse. Bonds is a living, breathing advertisement for the proposition that cheating pays, and should not be trusted not to promote that proposition to young players. Having hired Bonds, however, Mattingly still is obligated to treat him fairly and professionally.

It is not fair and professional to make a negative job review public by communicating it to the news media. Mattingly gave a critique of Bonds’ performance that should have passed from him to Bonds, and only from him to Bonds, in private. Attacking Bonds—and it was an attack, if a passive aggressive one—in the press is unfair, irresponsible, disrespectful, a betrayal of trust, and also cowardly.

Mattingly’s job is called “manager,” and this is atrocious, unethical management. He owes Bonds an apology, and if I were Marlins management, I would be thinking very hard about whether Don Mattingly is qualified for his job.

 

Comment of the Day: “Google Shows What’s Wrong With April Fooling”

/ Jack Marshall / 5 Comments

gmail-mic-drop-650x331

Extradimensional Cephalopod adds to the April Fool’s Day ethics lore on Ethics Alarms, commenting on the post about Google’s “Mic Drop” debacle.I especially like the three April Fool’s Day guidelines at the end.

Here is EC’s Comment of the Day on the post, Google Shows What’s Wrong With April Fooling: Continue reading →

Google Shows What’s Wrong With April Fooling

/ Jack Marshall / 20 Comments

Google-Fool

April Fool’s Day is essentially “Betray Someone Who Trusts You So You Can Mock Them” Day, and I have come to detest it. The internet has made the tradition less tolerable than ever, with web hoaxes multiplying the victims of “jokes” from individual friends and family members into thousands of strangers.

What is necessary to have an April Fool’s prank “work” is for someone to trust the prankster and ideally to not be especially aware of April Fool’s Day. I have a problem with the latter: imposing a tradition on someone who doesn’t embrace the tradition is unethical. The first part is also ethically troubling when the April Fooler is a person or entity who is obligated to be trustworthy. I would never host an April Fool’s gag on Ethics Alarms, and I have criticized other professionals who have carelessly used their professional blogs to indulge their juvenile senses of humor at the expense of others. No professional should be pulling tricks on clients or anyone who looks to them for facts, advice, experience or truth. That means April Fool’s Day is off limits to doctors, lawyers, journalists, elected officials, serious bloggers, accountants, law enforcement officials, teachers and priests in their official capacities, to name just a few. It also means that corporations should leave the faux holiday from honesty to individuals.

Nothing illustrates the latter principle better than the Google fiasco two days ago. I’ll let Google tell its own story: Continue reading →

Epilogue: The Boo-Boo Hoax, Blues Blindness, and Trust

/ Jack Marshall / 7 Comments
The comments on the boo-boo hoax post have me so upset that I can't see this...

The comments on the boo-boo hoax post have me so upset that I can’t see this…

Every now and then, and it is never on a post that I am especially keen on or that I expect to catch fire, a link to an Ethics Alarms essay is suddenly being clicked on by a lot of people who have no interest in ethics, but a particular interest in a topic I happened to stumble into, as I am wont to do. Usually these waves of traffic contribute nothing of substance to our ethics colloquy, produce no new regular readers, and  they depress me, as did the so-called “Instalanche” of a few years back when Glenn Reynolds deigned to link to a post.  A bigger group of nasty right wing jerks I have never encountered before or since: I lost a bit of respect for Professor Reynolds that day (His avid followers maintained it was ethical to spread a web rumor that Harry Reid was a pederast in retribution for Reid’s “Romney hasn’t paid taxes” lie. It’s not.)

The current ‘-lanche’ has arrived courtesy of my post of a couple days back about an unlabeled hoax study published by The Journal of Evaluation in Clinical Practice, a (formerly) respectable scientific journal. Of the few new readers who have commented, most have distinguished themselves by making the typical threadbare rationalization used for all web hoaxes, to wit:  “Anyone who didn’t figure out it was a gag isn’t as smart as I am.” If these people typify the ethical acumen of scholarly journal readers, we have trouble my friends, right here in River City.

See, Brilliant Advanced Degree-holders, the problem with respectable journals (if there are such things) publishing inside jokes without proper labeling is that the false studies are read and believed by journalists, who spread the misinformation like an oil slick over the culture and public consciousness. It doesn’t matter if you got a chuckle out of it; what matters is that a lot of people were made to believe false information, and it is the purveyors of that false information, not the oh so gullible and ignorant victims of it, who are at fault. Continue reading →

What’s More Unethical Than A Web Hoax? How About A Scientific Journal Hoax?

/ Jack Marshall / 40 Comments

mom-kiss

The Journal of Evaluation in Clinical Practice, a respected scientific journal, published a supposedly peer-reviewed study in its current issue finding that kisses from mommy are not an effective way of remedying children’s boo-boos. Several news outlets fell for the hoax, including The Daily Caller.

“Maternal kisses are not effective in alleviating minor childhood injuries (boo-boos): a randomized, controlled and blinded study“ described the results of research allegedly conducted on 943 pairs of toddlers and their mothers and designed to determine whether a kiss from a child’s mother after a minor injury significantly reduced the child’s distress.

There were plenty of red flags in the study beyond its ridiculous subject matter. For example, the “researchers” wrote that they intentionally constructed scenarios in which children would hurt themselves. In one scenario, the authors claimed that they placed chocolate in an area where a child would bump his head trying to reach the chocolate. In another, they said that the researchers placed a child’s favorite object behind a heated coil so the child would burn herself trying to access the object. Continue reading →

Our Unaccountable, Irresponsible, Incompetent, Untrustworthy News Media, Ethan Couch Division.

/ Jack Marshall / 14 Comments
CNN's credibility

CNN’s credibility

(Yes, apparently this is going to be Blank Graphic Saturday.)

I just watched a CNN report that stated, “Ethan Couch’s attorney convinced the judge that the teen suffered from “‘Afflienza”‘

This is 100% false. The judge never said a word about “affluenza” in her order, nor did her words to Couch suggest that she agreed with the lawyer’s desperate “affluenza” theory, conveyed by a paid expert.  (There is no such malady as “affluenza.”)

This is not in dispute: the judge did NOT accept this theory, and the fact that she gave the teen probation with a heavy load of conditions—another fact left out of the CNN report on Couch’s disappearance—does not suggest that she did. Thus CNN is spreading a narrative rather than conveying truth, in the process ignoring easily available evidence (the court transcript) that has not changed in two years and intentionally misleading its audience.

A news organization that allows this to happen cannot and must not be trusted.

About anything

 

Comment of the Day: “The Pope’s Smoking Gun”

/ Jack Marshall / 5 Comments
Archbishop Carlo Maria Viganò, the Vatican Ambassador, now residing under a bus...

Archbishop Carlo Maria Viganò, the Vatican Ambassador, now residing under a bus…

The blatant dishonesty of Pope Francis posing as an apolitical moral authority while engaging in outright political advocacy before the U.S. Congress, as he accepted accolades from manipulative partisans who have no interest in religion but who nonetheless were delighted to exploit his influence for their own purposes, was nauseating. Nearly as nauseating was the furious attempts by Catholics as well as these Pope fans-of-convenience to spin his comments and his conduct in support of Kim Davis, and by extension, her rejection of gay Americans and the ruling by the U.S. Supreme Court.

After several days of stonewalling, the Vatican decided on a strategy that should be familiar to anyone who follows U.S. politics: make a lesser official the scapegoat. The difference, of course, is that because this is the Pope, we are supposed to accept such standard duck-and-cover strategies as (heh) the gospel truth. I was preparing to write a post about the furious spinning going on to excuse the Pope’s inexcusable conduct when the Vatican spoke up, and Rich in Ct did an excellent job analyzing the ethics carnage.

Here is his Comment of the Day on the post, The Pope’s Smoking Gun. I’ll be back at the end: Continue reading →